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SUMMARY OF THE JANUARY MEETING

 

OF THE BOARD OF REGENTS

 

OF

 

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

 

January 12 and 13, 2009

Anthony Lofrumento, Secretary

Board of Regents


THE BOARD OF REGENTS

 

              The Board of Regents of The University of the State of New York held public sessions on Monday, January 12 at 12:00 p.m. and Tuesday, January 13 at 12:15 p.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, January 12, 12:00 p.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento. 

 

              Chancellor Robert M. Bennett called the meeting to order at 12:00 p.m.

 

ACTION ITEM

 

Executive Session Motion

 

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, January 13 at 8:00 a.m. for the purpose of discussing a personnel matter.

 

               Motion by:              Vice Chancellor Merryl H. Tisch       

              Seconded by:          Regents Saul B. Cohen and Harry Phillips, 3rd

              Action:                    Motion carried unanimously 

 

State Education Department December 2008 Fiscal Report

BR (A) 4

                           

              MOVED, that the Board of Regents accept the December 2008 State Education Department Fiscal Report as presented.

 

              Motion by:               Regent Milton L. Cofield

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

 

DISCUSSION ITEM

 

Commissioner’s Report to the Board

Oral

 

              The Commissioner’s written monthly report focused on priority subject areas under consideration during the January monthly meeting:  Charter Schools, part 188 regulatory rules, IEP amendment, cost containment, raising standards, mandate relief, joint State Aid and VESID meeting, Office of Teaching cycle time, grade 3-8 testing and cycle time, black and hispanic male graduation rates, CPA law changes, CUNY masterplan, NCLB recommendations and specialized dispute resolution.

 

Full Board adjourned at 12:30 p.m.

MEETING OF THE FULL BOARD, Tuesday, January 13, 12:15 p.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd 

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento.  

 

              Chancellor Robert M. Bennett called the meeting to order at 12:15 p.m.

 

ACTION ITEMS

 

Charter Applications for January 2009

BR (A) 1

 

              MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously 

 

Summary of the December 2008 Meeting

BR (A) 2

 

              MOVED, that the Summary of the December 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

                       

Revised No Child Left Behind (NCLB) Recommendations

BR (A) 3

                          

              MOVED, that the Regents approve the revised No Child Left Behind (NCLB) recommendations.

              Motion by:               Regent Roger Tilles

              Seconded by:           Regent Milton L. Cofield

              Action:                     Motion carried unanimously

 

Appointment to the Position of Acting Executive Secretary to the Committee for Professional Assistance

BR (A) 5

 

            MOVED, that the Regents approve the appointment of Claudia Alexander as Acting Executive Secretary to the Committee for Professional Assistance effective January 13, 2009.

 

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

                          

INFORMATION ITEM

 

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including NCLB discussions, graduation rates, cost containment, CUNY masterplan amendment, 3-8 testing, renewing standards and charter schools.

 

STANDING COMMITTEE REPORTS

              MOVED, that the reports from the Regents Standing Committees be approved as submitted, except that the petition for license restoration [PPC EXS (A) 4] is remanded to the PPC for reconsideration at the February meeting.

 

              Motion by:               Regent Saul B. Cohen           

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

 

              Chancellor made a motion to adjourn and the meeting was adjourned at 12:55 p.m.

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

Your EMSC Committee held its scheduled meeting on January 12, 2009.  All Committee members were present.

 

ACTION ITEMS

Charter Schools

              Your Committee recommends that the Board of Regents approves the renewal application of the Charter School of Educational Excellence, that a first renewal charter be granted nunc pro tunc January 12, 2009, and that its provisional charter be extended for a term up through and including June 30, 2013.    [EMSC (A) 1]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Aloma D. Johnson Fruit Belt Community Charter School, and the provisional charter is amended accordingly.   [EMSC (A) 2]

Your Committee recommends that the Board of Regents issues a charter and provisional charter to the Believe Southside Charter High School for a term of five years, up through and including January 12, 2014.  [EMSC (A) 3]

Your Committee recommends that the Board of Regents issues a charter and provisional charter to the Believe Northside Charter High School for a term of five years, up through and including January 12, 2014.   [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves and issues the charter of the Equality Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including January 12, 2014.  [EMSC (A) 5]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Urban Choice Charter School, and the provisional charter is amended accordingly.    [EMSC (A) 6] 

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Westminster Community Charter School as proposed by the Board of Education of the City School District of the City of Buffalo, and that its provisional charter be extended for a term up through and including June 30, 2014.  [EMSC (A) 7]

Your Committee recommends that the Board of Regents approves the application for the Evergreen Charter School and issues a charter and provisional charter to the Evergreen Charter School for a term of five years, up through and including January 12, 2014.     [EMSC (A) 8]

Your Committee recommends that the Board of Regents approves and issues the charter of the Brownsville Ascend Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including January 12, 2014.   [EMSC (A) 9]

                Your Committee recommends that the Board of Regents approves and issues the charter of the Hebrew Language Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including January 12, 2014.   Regent Saul Cohen voted in opposition and Regent Betty Rosa abstained from the vote.   [EMSC (A) 10]

 

MOTION FOR ACTION BY FULL BOARD

             

              Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on January 12, 2009, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Strategies to Improve the Graduation Rates of Black Males – Dr. John H. Jackson, President and CEO of the Schott Foundation for Public Education discussed policy strategies related to the graduation rate and performance of Black and Latino males.   He provided a well-informed, dynamic presentation that focused on what every child needs – early childhood education, highly qualified teachers, a college-bound curriculum, and resource accountability.  According to the Schott Foundation report, Given Half A Chance, graduation and achievement gaps reflect the differences in the quality of available opportunities, not the differences in the student’s ability.   Dr. Jackson answered questions from the Regents on the role of the community school movement, curriculum needs of Black males, and the correlation between the educational attainment of students and the economic state of the community they live in.

Revised No Child Left Behind (NCLB) Recommendations – The Committee discussed suggested revisions to the Regents priorities for NCLB relating to K-12, to coincide with recent political changes and the Regents increased focus on school improvement, educator development, growth models, graduation rates and other key issues. Suggested changes and additions were considered.  The Committee agrees that the suggested revisions to the Regents priorities for NCLB need to be discussed in more detail at a future meeting, but are broad enough in scope at this time to allow New York State to be an early participant in the process.   The actual reauthorization of NCLB will not occur until 2010.  [BR (A) 3]

Charter School Statute and Policy Q&A.    Due to time constraints, this item was not discussed.   [EMSC (D) 1]

Grades 3-8 Testing Policy Overview – the Committee discussed a report on possible changes in the Grades 3-8 Testing Program.  The Committee also discussed the purpose of the tests, the types of tests that are given and options for moving the tests to later in the year including advantages and disadvantages related to the possible options and actions that would need to take place to implement those options.  The sentiment of the Board is to pursue a later testing date for the Grades 3-8 exams.  Staff will solicit feedback from the field, prepare a cost benefit analysis and follow-up with the Regents at a future meeting.   [EMSC (D) 2]

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

Your VESID Committee held its scheduled meeting on January 13, 2009.   All

members were present with the exception of Regent Chapey who was excused.  Chancellor Bennett, Vice Chancellor Tisch, Regents Bendit, Bottar, Brooks Hopkins, Cohen, Dawson, Phillips, Tallon and Young also attended.                                      

MATTERS REQUIRING BOARD ACTION

              The Board voted to approve the second emergency action on the proposed amendment of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education to further extend the initial effective date for required use of State forms for individualized education programs (IEP), meeting notice and prior written notice (notice of recommendation).    The effective date of this second emergency rule is January 26, 2009.    (VESID (A) 1)

              The Board discussed the draft revised recommendations for reauthorization of NCLB and indicated their support for them.  (BR (A) 3)

 

MATTERS NOT REQUIRING BOARD ACTION

       

              Staff presented to the Board on New York State’s special education due process system for students with disabilities.  They discussed with the Committee the procedures followed to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education and additional steps VESID is taking to improve the quality of dispute resolution, reduce the numbers of impartial hearings and promote better communication and cooperation between parents and school districts.  (VESID (D) 1)

         Deputy Commissioner Cort discussed several State law and/or regulatory requirements proposed as areas for consideration for cost savings mandate relief.  Some of the proposed areas would provide administrative relief to school districts; others would provide districts with greater flexibility in the design of the service delivery system.  The Committee asked for additional information regarding actual cost savings and an alignment across the Department’s cost reduction recommendations which staff will bring back at the February Regents meeting.  (VESID (D) 2)

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on January 12, 2009.   All members were present.

 

Consent Agenda

Your Committee recommends that the Board of Regents approve the proposed master plan amendment of Maria College authorizing the College to offer the Bachelor of Science degree program in Nursing. This amendment would be effective until January 13, 2010 unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term.  [HE (CA) 1]

Your Committee recommends that the Board of Regents authorize the Art Institute of New York City to award the Associate in Applied Science (A.A.S.) degree.  [HE (CA) 2]

Your Committee recommends that the Board of Regents approve the following appointment to the State Professional Standards and Practices Board for Teaching: that Jan P. Hammond (higher education member) be appointed to an unexpired term beginning December 16, 2008 and ending June 30, 2010.  [HE (CA) 3]

Your Committee recommends that the Regents approve the proposed permission to operate effective January 13, 2009, to authorize Yale University to use clinical agencies in New York for clinical education of students in its Nurse-Midwifery program leading to the Master of Science in Nursing degree. [HE (CA) 4]

Your Committee recommends that sections 3.47, 3.48 and 3.50 of the Rules of the Board of Regents relating to requirements for earned degrees, honorary degrees and registered degrees be amended, as submitted, effective February 5, 2009.  [HE (CA) 5]

Action Items

              Your Committee recommends that the Board of Regents renew Globe Institute of Technology’s institutional accreditation with condition, effective January 13, 2009, for a period beginning immediately and ending on January 31, 2013, subject to annual reports providing evidence of continued program and financial ability. [HE (A) 1]

              Your Committee recommends that the Board of Regents extend Globe Institute of Technology’s temporary authority to confer degrees until January 31, 2013. [HE (A) 2]

              In order to have additional discussion about the proposed program, your Committee recommends that the Board of Regents postpone until March, the authorization of Briarcliffe College – Bethpage and Patchogue campuses to award the Bachelor of Science (B.S.) degree and master plan amendment to authorize the College to offer a Bachelor of Science (B.S.) degree program in Criminal Justice.   [HE (A) 3]

 

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on January 12, 2009, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

Revised No Child Left Behind (NCLB) Recommendations – The Committee discussed suggested revisions to the Regents priorities for NCLB relating to higher education, to coincide with recent political changes and the Regents increased focus on school improvement, educator development, growth models, graduation rates and other key issues. Suggested changes and additions were considered.  The Committee agrees that the suggested revisions to the Regents priorities for NCLB need to be discussed in more detail at a future meeting, but are broad enough in scope at this time to allow New York State to be an early participant in the process.   The actual reauthorization of NCLB will not occur until 2010.  [BR (A) 3]

Ability-to-Benefit Tests for Purposes of Eligibility for Awards of Student Aid – The Committee discussed proposed amendments to regulations that would make technical changes to clear up confusion and eliminate unnecessary requirements relating to the ability-to-benefit tests for purposes of eligibility for awards of student aid. [HE (D) 1]

CUNY Master Plan – 2008-2012 – The Committee discussed the 2008-2012 CUNY Master Plan.   Committee members provided input and suggested additions to the plan relating to admissions requirements and curriculum offerings.  A recommendation was made that the Board of Regents conduct a joint meeting with CUNY leadership on how their work coincides with the work of the Department.   The Master Plan will be discussed in more detail next month and will include discussions on the Board’s expectations of the relationship between CUNY and the Board of Regents and a more in-depth discussion on the contents of the Plan.  [HE (D) 2]

Office of Teaching Initiatives:  Proposals to Focus Resources on Core Mission – The Committee discussed a report that identifies planned changes in the Office of Teaching Initiatives that would create greater efficiencies and increased revenue during a time of reduced resources.  Some of the recommended changes would require amendments to regulations and include:  limiting the evaluation services provided for applicants for certification, restoring the fee for issuance of an internship certificate, modifying time extension requirements, and exploring alternatives to the reissuance of Initial Certificates.   The Committee is interested in hearing more regarding the proposed changes for time extensions and the individual evaluation process, as well as other proposals.   Detailed discussions will take place at future Regents meetings for possible amendments to regulations.   [HE (D) 3]

Higher Education Data – Due to time constraints, this item was moved to the February Regents agenda for discussion.  

 

 REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

              Your Professional Practice Committee held its scheduled meeting on January 12, 2009.  All Committee members were present.  Also in attendance was Regent Roger B. Tilles, who was present but did not vote.

 

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that, upon the recommendation of the Committee on the Professions, 17 consent order applications and 3 surrender applications be granted.  [PPC EXS (A) 2-3]

In the case of Marjorie Alouidor a/k/a Lena Marjorie Chase, Physical Therapist Assistant, Calendar No. 24219, we recommend that each of the references to respondent’s profession, in this Application to Surrender License, to the words “licensed” and “license” are deemed to be corrected and deemed to read “certified” and “certificate,” respectively.

              These recommendations are made following the review of 20 cases involving six licensed practical nurses, two architects, two registered professional nurses, one architectural professional corporation, one clinical laboratory technologist, one chiropractor, one dentist, one pharmacist, one physical therapy assistant, one psychologist, one psychology professional corporation, one professional engineer, and one veterinary technician.

Restoration Petitions

              Your committee recommends that the Board of Regents deny the petition for restoration of a license to practice as a dentist.  [PPC EXS (A) 4]

Consent Agenda

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 1]

              Your Committee recommends that the Board of Regents approve the reappointment of a member to the State boards for the professions.  [PPC (CA) 2] 

 

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on January 12, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

 

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner’s Report – The Associate Commissioner presented an oral report updating the Committee on recent events and activities of the Office of the Professions, including:

 

  • OP’s budget and the status of efforts to include an increase in professional fees in the State budget bill;
  • the continuation of efforts to address the expiration in 2010 of important exemptions in the law relating to social work, psychology, and the mental health professions; and
  • the implementation of the new law and regulations relating to the administration of immunizations by pharmacists.

 

  • Update on the Public Accountancy Practice Act – This discussion updated the Committee on the key elements of the Public Accountancy Practice Act, which has passed both houses of the Legislature and is awaiting action by the Governor.  If signed by the Governor, the new law would address changes that have taken place in public accountancy practice over many years while continuing to provide for public protection. Among other provisions, the new law would:

 

  • Broaden the scope of practice;
  • Require mandatory quality review beginning in 2012;
  • Require continuing education for all registered licensees;
  • Require all public accounting firms to register with the Department;
  • Establish temporary practice permits; and
  • Address the equivalency of foreign education.

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.

Your Committee on Cultural Education had its scheduled meeting on January 12, 2009.  In attendance were: Regents Dawson, Brooks Hopkins, Gardner, Phillips, Tilles, and Bowman

 

ITEMS FOR DISCUSSION

Chair’s Remarks:  Regent Dawson greeted everyone and opened the meeting with a brief report that included the opening of three new exhibits in the Museum.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and talked briefly about the Deputy’s Monthly Report that had been electronically distributed to the Board of Regents prior to the January meeting.  Hard copies of this report were provided for meeting attendees.

CE (A) 1        Amendment of Part 188 of the Regulations of the Commissioner of Education, relating to State Government Archives and Records Management.

At the November 17, 2008 Cultural Education Committee meeting, Chris Ward, State Archivist and Assistant Commissioner for the Archives provided detailed information and specific provisions of the proposed amendments for discussion on this Regents Item.  On October 29, 2008, a Notice of Proposed Rule Making was published in the State Register. The public comment period ended with several comments received. The comments along with SED’s responses are detailed in the attachment to this Regents item.

Staff recommends adoption of amendment of Part 188 of the Regulations of the Commissioner of Education, relating to State Government Archives and Records Management with a proposed effective date of February 5, 2009.

Motion by: Regent Dawson

Seconded by: Regent Phillips

Action:  Motion carried unanimously

CE (D) 1        Museum Gallery Renewal and Stewardship Collections Facility

Clifford Siegfried, Director and Assistant Commissioner for the Museum presented an update on the museum gallery renewal and highlighted some of the designs in an in-depth PowerPoint presentation.   Design of two new galleries, the Empire State and the Natural History, are nearly completed. The Natural History Gallery is now in construction document phase and 95% design completion for the Empire State Gallery.  Work continues on the Native Peoples Gallery.

Questions were raised that resulted in discussions concerning other possible means for financial support or funding options/strategies.

In addition, Regent Dawson answered questions related to the December 2008 Item pertaining to emergency regulation provisions regarding museum collection management that would apply to chartered museums and historical societies authorized to own and hold collections under Rule §3.27.

REGENTS SUBCOMMITTEE ON AUDITS

 

Your Regents Subcommittee on Audits met yesterday morning.

 

Staff reported on a document being developed to provide summary information on audit trends arising from school district and BOCES audit findings. The subcommittee discussed the appropriate content of the document and the method of communication. It was agreed that staff would continue to work on the document and incorporate guidance on how to resolve the audit findings and avoid the control weaknesses identified.  Staff were also asked to consider a web based presentation that could include links to key criteria and guidance.

The Subcommittee was presented with 26 audits this month. One was issued by the Office of Audit Services and 25 by the Office of the State Comptroller.  The Department’s Internal Audit Workgroup identified eleven audits for additional attention. We were briefed on all of the eleven.

Perhaps the most significant of the audits was one that examined School Districts Compliance with Physical Education requirements. It found that 19 out of 20 districts were not in compliance, primarily at the elementary level.  The Department is working with school districts, offering technical assistance to come into compliance and will be requesting corrective action plans from each of the districts. 

The other audits involved findings in the areas of required board training, procurement, claims processing, payroll, cash, financial reporting, information technology, extraclassroom activity fund, segregation of duties, budgeting, conflict of interest, fingerprinting, use of environmentally sensitive cleaning material, and transportation.

The Department’s Internal Control Officer briefed the Subcommittee on internal controls, improvements planned in that area, including the development of website, and the Department certification of compliance.

Finally, we were briefed on the Department follow-up process for school district and BOCES audits. Counsel’s Office, the Office of Education-P-16 and Audit Services are involved in communicating with districts on the adequacy of responses to the audit findings and other more urgent actions. Staff will provide the Subcommittee with quarterly updates on follow-up actions. We asked that staff make the follow-up process information available to the public to illustrate the Department’s commitment to enhance accountability in school districts.

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

 

CULTURAL EDUCATION

ABSOLUTE CHARTERS

THE HYDE PARK FREE LIBRARY

Hyde Park, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on April 29, 2003 to operate a library.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

PLATTEKILL PUBLIC LIBRARY

Modena, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on February 11, 2003 to operate a library.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

BEDFORD FREE LIBRARY

Bedford, Westchester County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 17, 1909 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to specify that the service area of the library to be coincident with the Bedford Village Fire District.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

BLOOMFIELD PUBLIC LIBRARY

East Bloomfield, Ontario County

A provisional charter was granted to this corporation by action of the Board of Regents on April 26, 1968 to operate a library.  Such provisional was made absolute by Regents action on October 26, 1973.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

BOLTON FREE LIBRARY

Bolton Landing, Warren County

A provisional charter was granted to this corporation by action of the Board of Regents on December 19, 1901 to operate a library.  Such provisional was made absolute by Regents action on June 28, 1906 and amended on May 23, 2006.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than nine.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

COHOES PUBLIC LIBRARY

Cohoes, Albany County

A provisional charter was granted to this corporation by action of the Board of Regents on September 26, 1969 to operate a library.  Such provisional was made absolute by Regents action on December 15, 1978 and amended on March 22, 1979.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than eleven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

IRVINGTON PUBLIC LIBRARY, GUITEAU FOUNDATION

Irvington, Westchester County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents under the corporate name “Guiteau Library” on May 8, 1902 to operate a library.  Such absolute charter was amended by Regents action on September 20, 1923 to include a name change to the “Irvington Public Library, Guiteau Foundation” and on October 28, 1955.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than nine.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PETERSBURG PUBLIC LIBRARY

Petersburg, Rensselaer County

A provisional charter was granted to this corporation by action of the Board of Regents on June 29, 1956 to operate a library.  Such provisional was extended by Regents action on November 17, 1961, April 28, 1967 and was made absolute by Regents action on December 14, 1973.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Petersburgh Public Library,” to specify the number of trustees to be not less than five nor more than eleven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

SCHENECTADY COUNTY PUBLIC LIBRARY

Schenectady, Schenectady County

A provisional charter was granted to this corporation by action of the Board of Regents on September 17, 1948 to operate a library.  Such provisional was made absolute by Regents action on May 22, 1953 and amended on September 18, 1998.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen and that the corporation may appoint additional non-voting ex-officio members to the board as provided in the by-laws of the corporation.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

EXTENSION OF CHARTERS

CHAMPLAIN VALLEY TRANSPORTATION MUSEUM

Pattsburgh, Clinton County

A provisional charter was granted to this corporation by action of the Board of Regents on October 4, 2002 to operate a museum.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

OSCEOLA PUBLIC LIBRARY 

Osceola, Lewis County

A provisional charter was granted to this corporation by action of the Board of Regents on December 16, 1955 to operate a library.  Such provisional charter was extended by Regents action on September 29, 1961, October 28, 1966, January 22, 1980, amended and extended on September 14, 1990 and extended on February 7, 1996.  The board of trustees has applied for an extension to the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

AMENDMENT OF CERTIFICATE OF INCORPORATION

FRIENDS OF THE VOORHEESVILLE CENTRAL SCHOOL DISTRICT PUBLIC LIBRARY

Voorheesville, Albany County

A certificate of incorporation was granted to this corporation by action of the Board of Regents on March 7, 2000.  The board of trustees has applied for an amendment to the certificate of incorporation to change the corporate name to “”Friends of the Voorheesville Public Library”.  The Office of Cultural Education recommends that certificate of incorporation be amended accordingly.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

NEW YORK SHAKESPEARE FESTIVAL

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Shakespeare Workshop” on November 19, 1954.  Such provisional charter was amended by Regents action on January 28, 1960 to change the corporate name to “New York Shakespeare Festival” and, as so amended, made absolute.  Such absolute charter was amended by Regents action on September 24, 1971, July 24, 1992, March 17, 1995 and April 27, 1999.  The board of trustees has requested that the Board of Regents consent to the filing of the certificates of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed names “The Public Theater” and “Joe’s Pub.”  The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such certificates of assumed name be granted.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

ABSOLUTE CHARTERS

CRISTO REY NEW YORK HIGH SCHOOL

Bronx, Bronx County

A provisional charter was granted to this corporation by action of the Board of Regents on December 13, 2002 to operate a grades nine through twelve secondary school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

ROSA LEE YOUNG CHILDHOOD CENTER

Rockville Centre, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on April 29, 2003 to operate a day care center, preschool, nursery school and a kindergarten.   Such provisional charter was consolidated by Regents action on April 29, 2003 with Rosa Lee Young Childhood Center, Inc., a Not-for-Profit Corporation.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

ST. JOSEPH’S HILL ACADEMY

Staten Island, Richmond County

A provisional charter was granted to this corporation by action of the Board of Regents on November 10, 2000 to operate a pre-kindergarten, kindegarten and a grades one through twelve school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

YESHIVA UNIVERSITY HIGH SCHOOLS

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on September 12, 2003 to operate a grades nine through twelve secondary school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

AMEND & RESTATEMENT OF CHARTER

HERBREW EDUCATIONAL SOCIETY OF BROOKLYN

Brooklyn, Kings County

A limited provisional charter was granted to this corporation by action of the Board of Regents on December 21, 1899.  Such provisional charter was made absolute by Regents action on January 21, 1943.  The board of trustees has applied to amend and restate the charter in its entirety which will restate the corporate purposes to authorize the corporation to be formed for the promotion of charitable, educational, intellectual and physical advancement of men, women and children and to assist in the problems of the child, the youth, the family, the aged, the underprivileged, the distressed, the disabled, and the community in the Borough of Brooklyn in the City of New York. Programs and services may include, but are not limited to: the establishment, operation and maintenance of nursery schools for preschool children with and without disabilities from three to five years of age, provided that no nursery school will be operated without the approval of the New York State Education Department; the establishment, operation and maintenance of day care centers for children in the City of New York, initially Kings County, provided, however, that before such facility shall be established and opened, the prior written approval of the New York City Department of Health must be obtained, if such approval is required under then applicable law; the establishment, operation and maintenance of day camps for children in the City of New York, initially Kings County, provided, however, that before such facility shall be established and opened, the prior written approval of the New York City Department of Health must be obtained, if such approval is required under then applicable law; cultural events; provide supplemental instruction for children attending elementary and secondary schools, and seminars and workshops for adult learners, this including arranging for physical education experiences; senior adult programs; enrichment programs for children and adults with special needs.  In addition, the corporation exists to provide residential, programmatic, waiver support services to mentally retarded and developmentally disabled individuals, provided, however, that before such programs and services should be established and opened, the prior written approval of the New York City Department of Health must be obtained, if such approval is required under then applicable law.  The corporation shall not use any titles or terms restricted under Title VIII of the State Education Law, including, but not limited to, the following: medicine, physician, physician assistant, psychologist, psychology, psychological, licensed master social worker, licensed clinical social worker, licensed mental health counselor, licensed psychoanalyst, licensed marriage and family therapist, licensed creative arts therapist, occupational therapist, registered nurse, nurse practitioner, licensed practical nurse or physical therapist.  The corporation shall not engage in the practice of any profession restricted under Title VIII of the State Education Law, in particular, the professions of medicine, psychology, licensed master social worker, licensed clinical social worker, nursing, licensed creative arts therapist, licensed psychoanalysis, licensed marriage and family therapist and  licensed mental health counselor, physical therapy, or occupational therapy, unless authorized to do so under an operating certificate or license by an appropriate State, regional or local governmental agency.  The corporation will restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders, unless authorized to do so under an operating certificate or license by an appropriate State, regional or local governmental agency.  The restated charter also adds language necessary to maintain tax-exempt status under Internal Revenue code §501(c)(3);  state the location of the principal office of the corporation at 9502 Seaview Avenue, Brooklyn, New York 11236; and  designates the Commissioner of Education as the agent for the purpose of service of process.   The Office of Nonpublic School Services recommends that the charter be amended and restated accordingly.

PROVISIONAL CHARTER

RYDELL SCHOOL

Plainview, Nassau County

The board of trustees has petitioned the Board of Regents to form a corporation to establish, operate, and maintain a school for children with developmental disabilities ages three to twenty-one. Except as authorized by Title VIII or other applicable statute, nothing herein shall authorize the corporation to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of  Title VIII of the Education Law.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services and the Office of Professions recommends that a provisional charter be granted for a period of three years.

EXTENSION OF CHARTERS

THE ADIRONDACK SCHOOL OF NORTHEASTERN NEW YORK

Greenwich, Washington County

A provisional charter was granted to this corporation by action of the Board of Regents on March 11, 1997 to operate a grades six through twelve school.  Such provisional charter was amended and extended by Regents action April 21, 1998, extended on April 24, 2001 and amended and extended on July 21, 2005.   The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

THE BROOKWOOD SCHOOL

Cooperstown, Otsego County

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 1996 to operate a day care center, nursery school, kindergarten, and grades one through eight elementary school.  Such provisional charter was amended and extended by Regents action September 15, 2000 and was last extended on March 15, 2005.   The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

HIGHER AND PROFESSIONAL EDUCATION

 

ABSOLUTE CHARTER

PROFESSIONAL BUSINESS COLLEGE

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on June 17, 2003 to operate a two-year college which offers occupational education leading to a Associate in Occupational Studies (A.O.S.) degree.  The board of trustees has applied for an absolute charter.  The Office of Higher Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS.

DAEMEN COLLEGE

Snyder, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on July 31, 1947 under the corporate name “Rosary Hill College” to operate a college.  Such provisional charter was amended by Regents action on December 21, 1951 and as so amended, made absolute.  Such absolute charter was amended by Regents action on January 29, 1954, June 28, 1957, September 27, 1963, September 25, 1964,  July 30, 1976 to change the corporate name to “Daemen College,” December 18, 1992, and March 19, 2002. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Doctor of Nursing Practice (D.N.P.).  The Office of Higher Education and Office of Professions recommends that the absolute charter be amended accordingly.

VASSAR COLLEGE

Poughkeepsie, Dutchess County

This corporation was incorporated by special act of the New York State Legislature by Chapter 2 of the Laws of 1861 on January 18, 1861 under the corporate name “Vassar Female College” to promote the education of young women in literature, science and the arts. Such absolute charter was amended by Chapter 13 of the Laws of 1867 on February 1, 1867 to change the corporate name to “Vassar College”; by Chapter 116 of the Laws of 1903 on April 2, 1903, and further amended by the Board of Regents on February 28, 1969, June 12, 2001 and October 9, 2003.  The board of trustees has applied for an amendment to authorize the corporation to also operate one or more child day care centers, one or more nursery schools for preschool children from three to five years of age, one or more kindergartens for children five years of age.  Provided however, before a child care day care center shall be established and opened, the prior written approval of the New York State Office and Family Services will be obtained.  The nursery school and kindergarten shall be located at 124 Raymond Avenue, Poughkeepsie, New York 12601-6121.  The Office of Nonpublic School Services and the Office of Higher Education recommends that the absolute charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 20 PROFESSIONAL DISCIPLINE CASES

January 12-13, 2009

 

The Board of Regents announced disciplinary actions resulting in the surrender of 2 licenses and 1 certificate, and 17 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

I. SURRENDERS

Nursing

Viktor Goncharov; Licensed Practical Nurse; Brooklyn, NY 11214; Lic. No. 238235; Cal. No. 24199; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Unauthorized Practice of a Profession, a class E felony.

Gregory T. Kaczmarek; Registered Professional Nurse; Schenectady, NY 12306; Lic. No. 265067; Cal. No. 24315; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of a Controlled Substance in the 3rd Degree.

Physical Therapy

Marjorie Alouidor a/k/a Lena Marjorie Chase; Physical Therapist Assistant; Brooklyn, NY 11203; Cert. No. 003118; Cal. No. 24219; Application to surrender certificate granted.  Summary: Licensee admitted to the charge of having been convicted of one count of Insurance Fraud in the 5th Degree.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

 

Jose Francisco Taveras; Bay Shore, NY 11706; Lic. No. 021742; Cal. No. 23453; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 24 months probation, $5,000 fine.

JFT Architect International, P.C.; Bay Shore, NY 11706; Cal. No. 23536; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 24 months probation, $5,000 fine.

Robert J. Biviano; Brooklyn, NY 11235; Lic. No. 010031; Cal. No. 24166; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, upon service of actual suspension, 24 months probation, $7,500 fine.

 

Chiropractic

Nicholas Angelo Abramo; Buffalo, NY 14222; Lic. No. 009488; Cal. No. 23904; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Clinical Laboratory Practitioner

Leandro Monzon; Clinical Laboratory Technologist; Bronx, NY 10451-3858; Lic. No. 005659; Cal. No. 24241; Application for consent order granted; Penalty agreed upon: Annulment of license.

Dentistry

Franklin Cameron Lackee; Stony Point, NY 10980-0117; Lic. No. 051200; Cal. No. 24284; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $3,000 fine.

Engineering and Land Surveying

Wictor Wasilewski: Professional Engineer; New York, NY 10040; Lic. No. 068511; Cal. No. 24184; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, upon service of actual suspension, 24 months probation, $8,000 fine.

 

Nursing

Dana Lisa Warren; Licensed Practical Nurse; Bronx, NY 10466; Lic. No. 206475; Cal. No. 22582; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, 50 hours public service.

Stephanie A. Czirr; Licensed Practical Nurse; Oswego, NY 13126; Lic. No. 269517; Cal. No. 24009; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $250 fine payable within 90 days.

Nancy Jean Ide; Licensed Practical Nurse; Newark, NY 14513; Lic. No. 279782; Cal. No. 24119; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Lisa A. Critchlow; Registered Professional Nurse; Fairport, NY 14450; Lic. No. 506098; Cal. No. 24190; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 1 year probation, $750 fine.

Mary Claire Octubre Bonifacio a/k/a Marie Claire Bonifacio; Licensed Practical Nurse; Woodside, NY 11377; Lic. No. 276309; Cal. No. 24204; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Lenore Grace Schmettan; Licensed Practical Nurse; Mt. Sinai, NY 11766; Lic. No. 260363; Cal. No. 24224; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

Pharmacy

Thomas R. O’Connor; Commack, NY 11725; Lic. No. 024198; Cal. No. 23014; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

Psychology

Daniel Nicholas Guerra; Middle Island, NY 11953; Lic. No. 014289; Cal. No. 24117; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice, upon termination of suspension 2 years probation.

Psychological Stress Management Services, P.C.; New York, NY 10016; Cal. No. 24118; Application for consent order granted; Penalty agreed upon: $1,000 fine payable within 30 days.

Veterinary Medicine

Joann Grennan Rinaldini; Veterinary Technician; Saugerties, NY 12477; Lic. No. 003752; Cal. No. 24174; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $1,500 fine.